TNAG-1819-FCO40-2580-Public-opinion-in-Hong-Kong-Commissioner-for-Administrative--1988 — Page 97

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OCCUPATIONAL SAFETY AND HEALTH COUNCIL

Ord. No. 73/88

A479

(d) is otherwise unable or unfit to discharge the functions of a member, the Governor may declare his office as a member of the Council to be vacant, and shall notify the fact in such manner as the Governor thinks fit; and upon such declaration the office shall become vacant.

6. The quorum of the Council shall be 10 and, while a member is disqualified from taking part in a decision or deliberation of the Council in respect of a matter, he shall be disregarded for the purpose of constituting a quorum of the Council for deciding, or deliberating on, that matter.

7. Subject to the foregoing provisions of this Schedule, the Council shall have power to regulate its own procedure including the manner in which decisions of the Council may be made by a quorum of its members otherwise than at a meeting of the Council.

8. The Council may transact any of its business by circulation of papers amongst members whether any such member is in or outside Hong Kong, and a resolution in writing which is approved in writing by a majority of the members shall be as valid and effectual as if it had been passed at a meeting of the Council.

9.

(1) The Council may create, and appoint the members of, such committees for the better carrying out of the purposes and powers of the Council as it thinks fit. (2) Persons who are not members of the Council are eligible for appointment to committees.

(3) The chairman of a committee created under sub-paragraph (1) shall be appointed by the Council and the number of members of a committee shall be determined by the Council.

(4) Subject to the terms of any delegation by the Council or to any directions of the Council, a committee-

(a) may exercise and perform the delegated powers and functions with the same

effect as if it were the Council itself;

(b) shall be presumed to be acting in accordance with the terms of the

delegation in the absence of proof to the contrary;

(c) may regulate its own procedure.

(5) The proceedings of any committee created under sub-paragraph (1) shall not be invalidated by any defect in the appointment of any member thereof, the absence of any such member from the meeting at which any such proceeding occurred or any vacancy amongst such members.

10. (1) Subject to sub-paragraph (2), the Council may, with or without restrictions or conditions as it thinks fit, delegate in writing any of its powers to any committee created under paragraph 9(1).

(2) The Council shall not delegate the power-

(a) to create any committee;

(b) to appoint the Executive Director;

(c) to determine matters relating to the remuneration and terms and conditions of appointment or employment of the Executive Director or, of the staff of the Council;

(d) to establish, manage and control, or enter into an arrangement for the establishment, management and control of any fund or scheme for the purpose of providing for the pensions, gratuities, benefits and payments to the staff of the Council; or

(e) to furnish after the expiry of the financial year, a report on the affairs of the Council for that year, a copy of its accounts therefor and the auditor's report on the accounts.